LAWS(P&H)-2009-8-228

FAQURIA @ BUNDU AND ORS. Vs. STATE OF PUNJAB

Decided On August 19, 2009
Faquria @ Bundu And Ors. Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) THE accused/appellants namely Faquria @ Bundu, Mohd. Akhatar @ Babbu and Mohd. Yamin have challenged the judgment dated 17.7.2004 and order dated 20.7.2004 passed by the Sessions Judge, Sangrur, vide which they have been convicted under Section 302 read with Section 34 of the India Penal Code and have been sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 5,000/ - each and in default of payment of fine, to further undergo rigorous imprisonment for one year.

(2.) BRIEFLY the case of the prosecution is that Smt. Bashiran (now deceased) was brought to Civil Hospital, Malerkotla, having suffered extensive burn injuries. She was medico -legally examined by Dr. Sanjiv Goyal (PW4) who found burns all over her body. The doctor sent intimation to the police vide Ruqa (Ex. PK) and on this SI Harwinder Singh (PW11) reached the hospital and sought opinion of Dr. Sanjiv Goyal as to whether Bashiran was fit to make a statement or not. The Doctor opined that Bashiran was fit to make a statement and accordingly SI Harwinder Singh recorded her statement (Ex. PN) and obtained the impression of her toe underneath the statement as both her hands were burnt. The said statement was signed by Dr. Sanjiv Goyal.

(3.) THEREAFTER , SI Harwinder Singh (PW11) went to the Duty Magistrate at Malerkotla at his residence and made an application (Ex. PH) before Shri H.J.S. Tiwana, PCS, JMIC, Malerkotla, requesting him to record the statement of Bashiran. On this, Shri H.J.S. Tiwana, Duty Magistrate, reached the hospital and sought the opinion of Dr. Sanjiv Goyal, who was present there, about the fitness of Bashiran to make a statement. She was declared fit to make a statement by the doctor and, accordingly, Shri H.J.S.Tiwana, Judicial Magistrate Ist Class, Malerkotla, recorded her statement (Ex. PG) in a closed room at 9:50 A.M. on 16.2.2003. The second statement (Ex. PG) made by Bashiran before Shri H.J.S. Tiwana is also on the same lines as her earlier statement made before SI Harwinder Singh. The statement (Ex. PG) is reproduced as under: